Rajasthan High Court - Jaipur
Ganpat Singh Rathore vs Union Of India And Ors on 9 November, 2009
S.B. CIVIL WRIT PETITION No.5101/2007 Ganpat Singh Rathore v/s The Union of India & Ors. Date of order ::: 9.11.2009 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Shri R.S. Bhadauria, for the petitioner. Shri Sanjay Pareek, for the respondents.
The Learned counsel for both the parties contended that the Armed Forces Tribunal, Jaipur Bench, has been established and it has started functioning, therefore, present writ petition is liable to be transferred in view of sub-section (1) of Section 34 of the Armed Forces Tribunal, 2007 which reads as under :
34. Transfer of pending cases. - (1) Every suit, or other proceeding pending before any court including a High Court or other authority immediately before the date of establishment of the Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based, is such that it would have been within the jurisdiction of the Tribunal, if it had arisen after such establishment within the jurisdiction of such Tribunal, stand transferred on that date of such Tribunal.
In view of above specific provision, the writ petition stands disposed of and the same is transferred for disposal on merits to the Armed Forces Tribunal, Jaipur Bench, Jaipur. The registry is directed to take necessary steps in this regard and send the 2 file to the Tribunal immediately.
Both the parties are directed to appear before the Armed Forces Tribunal, Jaipur Bench, Jaipur, on 30.11.2009.
(Narendra Kumar Jain),J.
Chauhan/